Opinion
2003-444 SCR.
Decided November 5, 2004.
Appeal by defendant from a judgment of the Justice Court, Town of Riverhead, Suffolk County (A. Smith, J.), rendered on February 27, 2003, convicting him of false personation (Penal Law § 190.23) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
The trial court's denial of defendant's request for a transcript of the probable cause hearing was not improper as defendant's request was made after the commencement of the trial and was therefore untimely ( see Matter of Eric W., 68 NY2d 633, 636; People v. Sanders, 31 NY2d 463, 467).
Defendant's contention that the court's interested witness charge was improper is unpreserved for appellate review ( see CPL 470.05; People v. Wells, 91 NY2d 987). In any event, the court properly charged the jury that defendant was an interested witness since defendant testified at the trial ( see People v. Agosto, 73 NY2d 963). Finally, the charge, which substantially conformed to CJI (NY) 7.03 and 7.04, was properly balanced ( see People v. Holly, 184 AD2d 581).